Some of the State Bar Councils have no rule for bringing No Confidence Motion against their office bearers.

Due to increased groupism in the Bar Councils, on many occasions this Council has been receiving complaints and a very anomalous situation arises some times. Because of some impractical rule of some states, the situation in some of the State Bar Council leads to unwanted groupism, resulting in unhealthy atmosphere and inefficient functioning of the State Bar Councils. The Hon'ble Members have felt the need to frame a rule providing for uniformity in all the State Bar Councils as regards passing of No Confidence Motion against their office bearers. After thorough consideration and after inviting the opinion the Rules Committee, the Council is passing the following resolution laying down the uniform guidelines for all the State Bar Councils with respect to passing of a No Confidence Motion against their office bearers. These guidelines are mandatory would in nature and the State Bar Councils are directed to follow and/or to frame service/amend their Rules in compliance of these Rules/Resolution.

1. No Confidence Motion can be passed/moved only against an office bearer in the State Bar Council.

2. State Bar Councils cannot bring a No Confidence Motion against any of its Member.

3. The State Bar Council cannot pass any No Confidence Motion against its Member representative in Bar Council of India. However, if the 3/4th Members of State Bar Council have some grievance of any proved misconduct or the Member, Bar Council of India from that State Bar Council is found guilty of an offence concerning moral turpitude and is convicted and sentence to undergo imprisonment for a period of 2 years or more, then the 3/4th Members of State Bar Council can pass a resolution to bring that fact to the notice of Bar Council of India and then the Bar Council of India shall act as per its Rule with regard to No Confidence Motion against the office-bearers and members of Bar Council of India Rule, 2015.

4. The Bar Council of India can move No Confidence Motion as against any Member or Office Bearers by taking up and passing a No Confidence Motion by moving a requisition which is to be signed by at least 2/3rd Members of the Council, which must include the ex-officio member. And with regards to the No Confidence Motion to be passed, at least 3/4th of Members of the Council shall required to vote in favour of the No Confidence Motion including at least one of the Ex-officio Member.

5. A requisition for holding meeting of the State Bar Council for taking up and passing a No Confidence Motion against its Office Bearers has to be signed by at least 2/3rd members of the concerned Council, which must include the ex-officio Member. With regards to the No Confidence Motion to be passed, at least 3/4th Members of the concerned Council shall be required to participate and vote in favour of No Confidence Motion . The ex-officio Member should also participate in the meeting and requisition could be passed only if the ex-officio member votes in favour of No Confidence Motion .

6. A notice of at least 30 days shall be required to be given to the concerned Office bearer or member against whom such No Confidence Motion is proposed to be moved & this meeting for taking up No Confidence Motion shall be held not less than 45 days after the requisition is received by Secretary of the concerned Council.

7. The requisition for passing of No Confidence Motion shall be required to contain and specify the reasons & grounds on the basis of which this No Confidence Motion is proposed to be moved. The reasons and grounds should not be vague, non specific, on personal vendetta and shall be required to be supported by materials along with the requisition of the motion of No Confidence is given to the concerned member/Office Bearer. An enquiry into the genuineness and bone-fide of the requisition has to be held, giving a reasonable opportunity of being heard to the office bearers against whom the No Confidence Motion is to be taken up.

This enquiry with regard to State Bar Council, shall be conducted by an independent body comprising (i) A former chief Justice of any High Court/a former Jude of any High Court having minimum experience of seven years as a Judge who will be nominated by the Chairman, Bar Council of India; (ii) A Senior Advocate having been on the roll of advocate for at least 35 years of practice chosen by the General Body of the concerned Council; and (iii) a senior Advocate of good repute & having minimum 35 years of practice to be nominated by Bar Council of India from a different State than the one where No Confidence Motion is moved.

The enquiry with regards to Bar Council of India, shall be conducted by the Bar Council of India Public Grievance Redressal .

(The said Committee is chaired by a former Hon'ble Judge of Supreme Court who is nominated by Hon'ble Chief Justice of India and also consists of Hon'ble Sitting Judges of High Courts.)

The report of such committee is required to be placed before the General House of the Bar Council of India on or before the No Confidence Motion is taken up.

The previous resolutions of the Bar Council of India dated 26-6-2013 passed under Item No. 69/2013, Resolution No. 264 of 2015 so far it relates to No Confidence Motion and all other resolution stand repealed and/or modified accordingly. The decision of Bar Council of India dated 18-10-2015 so far as quorum for all other meetings (except for a No Confidence Motion) shall be intact as per Resolution No. 264/2015.

The No Confidence Motion once failed cannot be brought against the same Office-Bearer/Member for the next 12 months. The Rules shall apply for all the State Bar Council and Bar Council of India both.

The State Bar Councils are directed to frame or amend their rules relating to passing of No Confidence Motion against Office Bearers so that they are in uniformity with the above guidelines and the same will be sent to Bar Council of India for its approval as required under Section 28(3) of the Advocates Act, 1961.

The Office is to take immediate steps for publishing these guidelines & this resolution in the Official Gazette.

More specifically, the motion can be brought only in case of proved misconduct of any member or office bearer or if he has been found guilty of some offence involving moral turpitude and has been sentenced to undergo imprisonment for at least 2 years.

These Rules will come in to force with immediate effect.

1. Bar Council of India, Extract of the minutes of meeting of the General Council of the Bar Council of India which was held on Saturday, 23rd January, 2016, Item No. 56/2016, Resolution No. 36/2016, Noti. No. BCI : D : No. 1731/2016, dt. 27-4-2016, published in Gazette of India, Part III, Section 4, dated 27th April, 2016, pp. 3-4.